Insight
GDPR for EORs: Data Roles, DPAs, and EU Data Scope
A GDPR-first view of EOR data processing, including controller vs processor roles and what to demand in a DPA.
2026-02-067 minPrimary: GDPR EOR
GDPRSecurityEurope
Search intent
If you are looking for a quick answer, the key points below summarize what teams usually need for EU hiring decisions.
- GDPR EOR
- GDPR data processing EOR
- DPA EOR
- EU data residency
Practical note: Use this as a working checklist with HR and payroll before you finalize an EOR decision.
GDPR in 60 seconds
GDPR applies to personal data processing tied to the EU. An EOR will handle payroll and HR data, so GDPR roles must be explicit.
Controller vs processor
Your company may be the controller, while the EOR acts as a processor for certain data. In other workflows the EOR can be a controller.
- Map each data flow to a role
- Ensure legal basis and retention policy
- Confirm sub-processor list
What to demand in a DPA
Your DPA should cover data residency options, breach notification timelines, and audit rights.
- Breach notification SLAs
- Data residency and transfer mechanisms
- Right to audit and reporting cadence
Decision fit
If you hire in Europe, GDPR is non-negotiable. Use evidence logs to track compliance claims and verification dates.
FAQ
Is the EOR always a data processor?
Not always. It can be a processor for some data and a controller for others, depending on the workflow.
Do I need a DPA with an EOR?
Yes. A DPA is the baseline document for GDPR governance.
Sources
- EU GDPR (EUR-Lex)Verified 2026-02-06
Next step
Download the GDPR checklist